New Texas law bans some Class C misdemeanors for disruptive students

Police officers can no longer give misdemeanor citations to students for disrupting class or acting up on the bus under legislation Gov. Rick Perry signed into law last week.

Advocacy groups have long argued that police officers too often cite students for disruptive behavior that shouldn’t be criminalized.

The amended law prohibits writing those two types of Class C misdemeanors to students, though officers can still issue tickets for other offenses. For example, students can still be cited with Class C misdemeanors for fighting, trespassing and having drug paraphernalia.

The change to Texas law isn’t likely to have a huge impact in the Dallas Independent School District. Under DISD Police Chief Craig Miller, the department has worked to limit the number of such tickets, which can carry fines up to $500.

From August to December this school year, DISD police issued 409 Class C tickets, down from 935 during the same period the previous school year, district records show. Miller said officers used to write citations for discipline problems that didn’t warrant a ticket.

Miller has cited two primary reasons for the drop. First, he encouraged officers to think twice about writing citations and instead consider issuing warnings. He also required teachers and school employees who request that a student be ticketed sign an affidavit promising to attend the court hearing and testify. It makes the teacher consider whether the incident is worth leaving the classroom, getting a substitute and going to court.

Another new Texas law allows school district police departments to draft behavioral plans for students who commit crimes instead of giving them tickets. However, the program is not mandatory, and Miller said the DISD police department is not expected to participate.

Perry also approved elevating the position of the school district police chief, who will now report directly to the school superintendent. The change means Miller will report to Superintendent Mike Miles instead of chief operating officer Kevin Smelker, who is in Miles’ Cabinet.

The Texas School District Police Chiefs’ Association supported the change in Texas law.

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